Surrogacy is expressly prohibited in our country. Recently, some media received reports from insiders that a company in Nanning, Guangxi, was illegally conducting surrogacy business, and many of the surrogate mothers were college students. The reporter went to Nanning to investigate as a couple eager to have a baby.
"One-stop service" of surrogacy agency
At noon on December 13, the reporter contacted Huang Lu, the person in charge of Guangxi Xinghui Health Management Consulting Co., Ltd. (hereinafter referred to as: Xinghui Company) on the grounds of infertility. The whistleblower Mr. Qin said that this was a local surrogacy agency with “high qualifications”.
"Use your eggs and your husband's sperm to form embryos, rent a house, and we will provide you with one-stop services!" After briefly consulting the "female client"'s physical condition, Huang Lu directly suggested: " Looking for someone else to give birth is surrogacy!"
"What we do is 'third generation test tube'. To put it simply, after we obtain the embryos, we conduct 128 types of screening to ensure that the quality of the embryos is qualified, and then we will 'breed'—— This technology is expensive because you can’t do it in public hospitals!” Huang Lu revealed that third-generation IVF technology can not only select men and women, but also ensure health. There are only four public hospitals in Guangxi that can perform third-generation IVF.
agreement also states that volunteers, their family members or any other members have no biological or legal relationship with the children delivered by volunteers. Xinghui Company will "guarantee that children conceived and delivered by volunteers , shall not, under reasonable medical and legal circumstances, seek custody, partial custody or visitation of the child at any time, and shall not attempt to obtain any form of parent-child relationship with the child."
Furthermore, "having regard to the best interests of the child and Welfare", Xinghui Company will also "ensure that after the child is born, the volunteers will fully cooperate with Party A (customer) to obtain the rights and obligations of taking care of the child, and ensure that Party A successfully becomes the child's guardian." Huang Lu quoted 880,000 yuan for this package customized by
for reporters, but "if you don't choose gender, you can get a discount of 760,000 yuan."
As a surrogacy agency in the black industry chain, is the contract signed with them legally binding?
Lawyer Huang Jianjun of Sanyi Law Firm: "First of all, the content of our civil act must be legal. If its content (illegal), for example, the surrogacy itself is illegal, since it is illegal, then the contract between the two parties It is not protected by law, which means that the contract is invalid."
Li Yunxiu, deputy chief physician of the Department of Reproductive Medicine, Yunnan First People's Hospital: "There is such news at home and abroad, that is, a mother passed other A woman gave birth to her child through surrogacy. In the end, the surrogate mother liked her child very much and did not want to give it back to her. As a mother who desperately needs the eggs provided by his biology, she has no legal protection to take back the child. With this child, she ended up losing more than she gained."
It is reported that in June this year, 14 departments including the National Health Commission and the Central Political and Legal Affairs Commission jointly formulated the "Work Plan for Carrying out Special Activities to Strictly Combat Illegal Application of Human Assisted Reproductive Technology". This plan will effectively safeguard the legitimate rights and interests of the people and normal childbirth. order, protect the health and life safety of the people, and severely crack down on activities such as human assisted reproductive technology activities, surrogacy, forging or buying and selling birth certificates.